News & Analysis as of

Federal Arbitration Act Arbitration Agreements New Legislation

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Hogan Lovells

New California statute raises questions for consumer arbitration provisions, but the spectre of potential federal preemption looms...

Hogan Lovells on

California Senate Bill No. 940, which became effective January 1, 2025, places significant restrictions on arbitration provisions affecting California consumers. Under the law, consumers may void contractual provisions that...more

Jaburg Wilk

Can I Be Forced to Arbitrate My Sexual Assault/Harassment Claims?

Jaburg Wilk on

On March 3, 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) which precludes employers from requiring employees to arbitrate disputes related to sexual assault or...more

Dorsey & Whitney LLP

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Dorsey & Whitney LLP on

The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Fenwick & West LLP

Federal Arbitration Act Amended to Prohibit…

Fenwick & West LLP on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), which amends the Federal Arbitration Act (the FAA) and prohibits employers from requiring...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Foley & Lardner LLP

New Jersey’s “Ban” Against Mandatory Arbitration Provisions Suffers Another Setback

Foley & Lardner LLP on

Since its enactment in 2019, the ban against mandatory arbitration provisions in employment agreements contained in Section 12.7 of New Jersey’s Law Against Discrimination (NJLAD) has been on thin ice. And it appears to have...more

Jones Day

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Jones Day on

On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more

Rumberger | Kirk

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021

Rumberger | Kirk on

...As anticipated, President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (hereinafter “new law”). The new law amends the Federal Arbitration Act (FAA) to give...more

Holland & Knight LLP

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed into Law

Holland & Knight LLP on

President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act) on March 3, 2022. The Act amends the Federal Arbitration Act and gives individuals asserting...more

Gibney Anthony & Flaherty, LLP

New Federal Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Claims: What Employers Should Know 

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Significantly, the Act amends the Federal Arbitration Act (FAA) which allowed...more

Pullman & Comley - Labor, Employment and...

President Signs #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”) into law. As one might expect based on the name, the Act prohibits employers from requiring...more

Smith Debnam Narron Drake Saintsing & Myers,...

Say Good-bye to Mandatory Arbitration of Workplace Sexual Harassment Claims

On March 3, 2022, just days before the recognition of International Women’s Day on March 8, President Biden signed into law landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and...more

Perkins Coie

New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment Disputes

Perkins Coie on

President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more

CDF Labor Law LLP

President Biden Signs HR 4445 Limiting Scope of Employment Arbitration Agreements

CDF Labor Law LLP on

To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more

Steptoe & Johnson PLLC

The 'Ending Forced Arbitration Act' Now Allows Sexual Harassment Claimants to Avoid Arbitration and File Suit

In the last month, the U.S. House of Representatives and U.S. Senate have approved the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (Ending Forced Arbitration Act), which was signed into law by...more

Clark Hill PLC

President Signs “Me Too” Bill Into Law Prohibiting Mandatory Arbitration of Workplace Sexual Harassment and Sexual Assault Claims

Clark Hill PLC on

On March 3, 2022, President Biden signed a bill into law that prohibits the enforcement of contract provisions mandating third-party arbitration of workplace sexual harassment or assault claims and allows victims to have...more

Pillsbury Winthrop Shaw Pittman LLP

See You in Court? Under New Federal Law, Sexual Harassment Claims Are Not Subject to Mandatory Arbitration

The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more

Burr & Forman

Clauses Requiring Arbitration of Sexual Assault and Sexual Harassment Claims Are Now Voidable

Burr & Forman on

What is Mandatory Arbitration? - Mandatory arbitration clauses and agreements require individuals to pursue potential legal claims through arbitration instead of through the court system. ...more

Sheppard Mullin Richter & Hampton LLP

UPDATE: President Biden Signs Bipartisan Bill to End Mandatory Arbitration of Sexual Harassment and Assault Claims in the...

As anticipated, on March 3, 2022, President Biden signed The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (H.R. 4445). The law takes effect immediately. As explained in our prior blog, in...more

Robinson & Cole LLP

Pre-Dispute Arbitration Agreements and Class Action Waivers Now Invalid and Unenforceable for Sexual Harassment and Sexual Assault...

Robinson & Cole LLP on

On March 3, 2022, President Biden signed into law H.R. 4445 Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The legislation passed Congress with bipartisan support. The #MeToo-inspired bill is...more

Lowndes

The End of Mandatory Arbitration of Sexual Harassment Claims

Lowndes on

Employers will be defending more sexual harassment claims in court rather than through arbitration as a result of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which President Biden signed...more

U.S. Equal Employment Opportunity Commission...

EEOC Chair Applauds Passage of Ending Forced Arbitration Act

Law Allows Employees to Make Informed Choice on Venue to Seek Justice After Sexual Assault or Harassment - WASHINGTON – The Chair of the U.S. Equal Employment Opportunity Commission (EEOC) welcomed the President’s signing...more

Payne & Fears

President Biden Signs Bill Preventing Enforcement of Predispute Agreements to Arbitrate Sexual Assault and Sexual Harassment...

Payne & Fears on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The act passed both houses of the legislature with broad bipartisan support. The act, which...more

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